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1B.—[F2(1) Every special constable must provide a sample when directed to do so by the chief officer and in accordance with any such direction.]
(2) Samples or the information derived from samples of special constables taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with section 63 of the Police and Criminal Evidence Act 1984.
[F3(2A) Samples or the information derived from samples of special constables taken in accordance with this regulation (or treated as if so taken, by virtue of regulation 1ZA(3)(b)) may be checked against samples or the information derived from samples taken in accordance with the Police and Criminal Evidence Act 1984 or recovered from scenes of crime.]
[F4(3) The samples taken from a special constable in accordance with this regulation shall be destroyed before the end of the period of six months beginning with the date on which they were taken.
(3A) The information derived from samples of a special constable taken in accordance with this regulation, and all copies and records thereof shall be destroyed within 12 months of that special constable ceasing to be a special constable for that police area except that—
(a)if, on ceasing to be a special constable, the person becomes a member of the police force maintained for that area, the samples or information derived from samples shall be kept in accordance with regulation 19(2) of the Police Regulations 2003; and
(b)if, on ceasing to be a special constable for that police area, the person is appointed as a special constable for another police area or is appointed as a member of a police force maintained for another police area, the samples or information derived from samples shall be transferred to the chief officer in that other police area and kept in accordance with paragraph (2) or regulation 19(2) of the Police Regulations 2003, as the case may be.]
F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this regulation “sample” means—
(a)a sample of hair, other than pubic hair, complete with roots;
(b)oral fluid; or
(c)a swab taken from the mouth,
and for these purposes “oral fluid” includes saliva.]
Textual Amendments
F1Regs. 1B, 1C inserted (20.8.2012) by The Special Constables (Amendment) Regulations 2012 (S.I. 2012/1961), regs. 1, 6
F2Reg. 1B(1) substituted (1.4.2015) by The Special Constables (Amendment) Regulations 2015 (S.I. 2015/461), regs. 1, 3(a)
F3Reg. 1B(2A) inserted (1.4.2015) by The Special Constables (Amendment) Regulations 2015 (S.I. 2015/461), regs. 1, 3(b)
F4Reg. 1B(3)(3A) substituted for reg. 1B(3) (1.4.2015) by The Special Constables (Amendment) Regulations 2015 (S.I. 2015/461), regs. 1, 3(c)
F5Reg. 1B(4) omitted (1.4.2015) by virtue of The Special Constables (Amendment) Regulations 2015 (S.I. 2015/461), regs. 1, 3(d)
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